Guan Eng, wife, businessperson to be tried for RM11.6m corruption

Former Penang chief minister Lim Guan Eng and his wife Betty Chew, as well as businessperson Phang Li Koon, will face trial over corruption charges linked to a RM11.6 million migrant workers’ hostel project.

This came after the Court of Appeal panel, led by judge Azman Abdullah, unanimously dismissed the trio’s appeal against the Penang High Court’s rejection of their application to strike out the charges on the grounds of double jeopardy.

The panel ruled that the present case did not amount to a second prosecution for the same offence, as it was distinct in law and facts from the previous case linked to a bungalow purchase, in which Lim had been charged and acquitted in 2018.

The panel also held that while there may be some overlap in investigations in both cases conducted by the MACC, they do not equate the offences.

“The constitutional prohibition is directed against a second trial of the same offence, not against a second trial arising from the same investigation.

“As the present charges were neither identical in law nor fact to those in the earlier proceedings, the pleas of ‘autrefois acquit’ (previously acquitted) and ‘autrefois convict’ (previously convicted) could not succeed,” said judge Noorin Badaruddin when reading out the panel’s decision.

Judge Radzi Abdul Hamid also presided over the decision along with Azman and Noorin this morning.

No judicial determination on new issues

The court also rejected the appellants’ reliance on the doctrines of estoppel (consistency) and res judicata (finality), as the previous case in which Lim had been acquitted did not involve a judicial determination on issues related to the workers’ hostels.

It also dismissed the appellants’ argument citing the prosecution’s explanation in Lim’s earlier acquittal, saying that it did not constitute a judicial finding, and it does not hinder future prosecution involving different offences supported by different evidence.

However, the judges also warned against splitting the same investigation into multiple prosecutions, as the authorities’ use of the same information could lead to the perception of an accused being subjected to repeated litigation.

But Noorin also emphasised that it is not wrong to try the same person twice for the same offence, as envisioned under Article 7(2) of the Federal Constitution and Section 302 of the Criminal Procedure Code (CPC).

Article 7(2) of the Federal Constitution allows an accused to be tried again for the same offence if a higher court had annulled the acquittal or ordered a retrial, while Section 302 of the CPC allows for a previously acquitted person to be tried under different charges in certain circumstances.

The panel also fixed July 3 for case management at the Georgetown High Court, Penang.

Guan Eng to file appeal

Meanwhile, Lim’s lawyer RSN Rayer confirmed to Malaysiakini that they will be filing a notice of appeal against today’s decision. 

Lim was charged in his capacity as the Penang Development Corporation (PDC) Procurement Board’s chairperson on Aug 11, 2020, with using his position for gratification involving RM372,009 for his wife through Excel Property Management & Consultancy Sdn Bhd.

The charge sheet said this was to ensure Magnificent Emblem Sdn Bhd was invited to propose a workers’ village at Lot 631, Mukim 13, Juru, Seberang Perai Tengah, and part of Lot 282, Mukim 13, Batu Kawan, Seberang Perai Selatan, Penang, worth RM11,610,000.

Phang was charged with abetting Lim in committing the offence at the same place and time.

Chew was charged with three counts of money laundering for allegedly receiving RM87,009, RM180,000, and RM105,000, respectively, which were contended to be proceeds from unlawful activities, from Excel Property Management & Consultancy, and which were purportedly deposited into her Public Bank Bhd account.

The trio filed an application to strike down their charges on May 26, 2023, on the grounds that the prosecution used evidence from a previous case involving Lim’s purchase of a bungalow on Jalan Pinhorn, of which he was acquitted in 2018.

The Penang High Court dismissed their application on May 3, 2024, which led to today’s proceedings.

Apart from this case, Lim has an ongoing graft trial linked to Penang’s RM6.3 billion undersea tunnel project.

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